Clark v. Israel
Supreme Court of Pennsylvania
HPHIS was a scire facias to December 1812, to revive a judgment entered on the 23d April 1811, for fourteen hundred and seventy-two dollars thirteen cents, with r , , ^ , ,7 , , terest from the 1st May 1810. The defendant pleaded ment, a set off, and a discharge under the insolvent law of 13 th March 1812. Upon the trial before Teates J. at a Nisi Prius in February last, the defendant produced a discharge signed by the commissioners on the 15th May 1812, and duly filed in…
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HPHIS was a scire facias to December 1812, to revive a judgment entered on the 23d April 1811, for fourteen hundred and seventy-two dollars thirteen cents, with r , , ^ , ,7 , , terest from the 1st May 1810. The defendant pleaded ment, a set off, and a discharge under the insolvent law of 13 th March 1812. Upon the trial before Teates J. at a Nisi Prius in February last, the defendant produced a discharge signed by the commissioners on the 15th May 1812, and duly filed in the prothonotary’s office: and his counsel contended tha^ the certificate operated as a complete discharge, not only as to…
1Opinion of the Court
Tilghman C. J.
having been prevented by indisposition from hearing- the argument, gave no opinion.
Yeates J.
It has been contended, that by the third section of the insolvent act in question, 5 Sm. Laws 322., the certificate of conformity “ shall be construed to discharge “ such insolvent from all debts and demands due from him, “ or for which he was liable, at the date of such certificate, “ or contracted or originating before that time, though pay- “ able or liable to be exacted afterwards &c.j” and that the debt, which is the substance, being discharged by operation of law, the judgment…
2Cases cited1 opinion
- Moliere's Lessee v. NoeSupreme Court of the United States · 1806
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